Telangana High Court
J. Nikhil Kumar vs The State Of Telangana on 20 November, 2025
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS. JUSTICE SUREPALLI NANDA
WRIT PETITION No.32426 OF 2025
ORDER:
Heard Sri M. Ajay Kumar, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Higher Education, appearing on behalf of respondent Nos.1 to 4.
2. The petitioner approached the Court seeking prayer as under:
"...to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents Nos.3 and 4 in not returning the original certificates to the petitioner vide Receipt of Certificates 2024-2025, Serial No.149, dated 14.08.2024, demanding to pay the entire fees of the academic year is highly illegal, arbitrary, against the principles of natural justice and also violative of Articles 14, 19, 21 and 300-A of Constitution of India and consequently direct the respondents 3 and 4 to return the original educational certificates of the petitioner immediately in the interest of justice".
3. The case of the petitioner in brief as per the averments made in the affidavit filed by the petitioner in support of the present writ petition is as under: 2
SN, J WP_32426_2025 The petitioner secured good rank in TG EAPCET-2024 examination conducted by respondent No.2 and allotted to respondent No.4 College and the petitioner deposited petitioner's original educational certificates. The petitioner has got seat in better college in the 3rd phase of allotment of seats. When the petitioner approached the respondent No.4 college and requested to return his educational certificates and to return the fee paid by the petitioner, the respondent No.4 did not return the same and demanded to pay the entire 4 years fee to receive original educational certificates of the petitioner against the UGC guidelines. Aggrieved by the same, the petitioner approached the Court by filing the present writ petition.
4. PERUSED THE RECORD (A) The letter vide Lr.No.0508/TGCHE/ Refund of Originals/2024, dated 05.08.2024 issued by the Telangana Council of Higher Education, Hyderabad addressed to the Registrars of OU, KU, TU, MGU, SU, PU, JNTU, JNAFAU & TMVV is extracted hereunder:
"Sir, Sub:- TGCHE Withholding of Original Certificates of the Students - Instructions to the Universities/ Colleges- Regarding.3
SN, J WP_32426_2025 Ref:- This office Lr. No. TGCHE/Fee Reimbursement /2024, dt.23.02.2024 While referring to the subject and reference cited that in continuation of earlier letter, it has come to the notice of the Government that certain private colleges are withholding the original certificates of students on the pretext of not receiving fee reimbursement from the Government.
Withholding of original certificates will have significant implications for the students, especially when they need to present these documents to join for higher education, applying or joining for jobs and other purposes.
Further, in terms of UGC (Grievance Redressal of students) Regulations 2018, the colleges are barred from withholding or refusing to return any document in the form of certificates of degree, diploma or any other award or other document deposited with it by a students for the purposes of seeking admission in such institution.
Therefore, I am by direction request the Universities to address/ instruct to all affiliated Private Colleges under its jurisdiction not to insist payment of Tuition Fee from the students who are eligible for fee reimbursement and not to deny issuing original certificates on the pretext of not receiving fee reimbursement from the Government. It is not a healthy practice. Such colleges may be blacklisted and shall not be considered for free reimbursement, which will also affects affiliation of such colleges.
The Colleges shall be directed to follow the instructions of the Government scrupulously and failure in this regard will be viewed seriously and stringent action will be initiated against such colleges."
(B) UGC guidelines, dated 23.04.2007, in particular, paragraph No.2 reads as under:
"2. The Commission is of the view that the Institutions/Universities, by way of retaining the certificate in original, force retention of admitted students which limits the 4 SN, J WP_32426_2025 opportunities for the candidates from exercising other options of joining other institutions of their choice. However, it would not be permissible for institutions and Universities to retain the School/Institution, Leaving Certificate, mark sheet, caste certificate and other documents in original."
5. In pursuance to the directions of this Court dated 27.10.2025, the learned counsel appearing on behalf of the petitioner had taken out personal notice to the respondent Nos.3 and 4 herein and filed proof of service of the said notice upon respondents No.3 and 4 vide Memo dated 27.10.2025 duly enclosing the original postal track report evidencing the same. Though the matter is listed today i.e., on 20.11.2025, yet there is no representation on behalf of the respondent Nos.3 and 4 when the case is called on 20.11.2025.
6. The Division Bench of this Court in its Judgment dated 24.01.2020 passed in W.P. No.21137 of 2019 in D.Vaishnavi vs. State of Telangana had struck down paragraph No.7 (iii) of G.O.Ms.No.114, dated 05.07.2017 i.e., original certificates submitted by the petitioner/candidate shall not to be returned to them, till they complete their course of study and appear for the University examination holding it as un-constitutional. A similar view was taken by this Court in Mahatma Gandhi Law 5 SN, J WP_32426_2025 College, NTR Nagar, Hyderabad v. State of Telangana vide Judgment dated 09.12.2022 passed in W.P.No.22417 of 2018. A Similar view was also taken vide Judgment of this Court dated 29.10.2024 passed in W.P.No.25559 of 2024 in Lakshmi Saranya v. The State of Telangana.
7. A Division Bench of this Court vide its judgment, dated 24.01.2020 in W.P.No.21137 of 2019 dealing with withholding of original academic qualification certificates of the students observed at paragraph Nos. 29 and 30 as under:-
29. We are not expressing any opinion on the right of the 3rd respondent-College to recover amounts towards the entire course fee or the bond amount of Rs.3 lakhs from the petitioner / her parent, but we hold that withholding her original academic qualification certificates, is impermissible in law.
30. Therefore, the Writ Petition is allowed; the action of the 3rd respondent-College in not returning the original academic qualification certificates of the petitioner who had discontinued study of M.B.B.S. I year course in the said college, is declared as illegal, arbitrary and violative of Article 14 and 300-A of the Constitution of India; Para no.7(iii) of G.O.MS.No.114, Health, Medical and Family Welfare (C.1) Department, dt.05.07.2017 is declared to be ultra vires the powers of the State Government under the Telangana Educational Institutions (Regulation of Admissions and Prohibition of Capitation Fee) 6 SN, J WP_32426_2025 Act, 1983 (Act 5 of 1983); and the 3rd respondent is forthwith directed to return the original academic qualification certificates of the petitioner to her. No costs.
The Division Bench very clearly observed that withholding the original academic qualification certificates of the students is impermissible in law.
8. The High Court of Madras in K.Palanisamy Vs. Correspondent, Vidya Vikash Matriculation School and Others of Madurai Bench in WP (MD) 20726 of 2019 decided on 17.10.2019 reported in MANU/TN/6538/2019, held that certificates of students could not be held back by educational institutions citing financial dues.
9. In the Judgment of the High Court of Delhi in Court on its own Motion Vs. Directorate of Education & Ors. in WP (C) 6658 of 2019 & CM APPL.30816.0 of 2019, dated 11.07.2019, it was held as under:-
"8. There are methods of recovering the outstanding school fees with the school. Even a suit could have been filed by Respondent No.2 upon the parents of the students, which has not been done so far. No such suit has been instituted by Respondent School for the recovery of outstanding fees.7
SN, J WP_32426_2025
9. In view of these facts, this Court is of the opinion that the School Leaving Certificates cannot be withheld by the respondents."
10. In S.Muthukamatchi vs. The Director of Technical Education, Anna University in W.P.(MD) NO.14394 of 2012, dated 18.12.2012, the Madras High Court at Madurai Bench categorically held that certificates of student is her/his property. College cannot detain the said certificates at any rate. Even if the college has any monetary claim, the rejection of the said certificates is not the method by which the claim can be enforced. There is no lien on the certificates of the students.
11. The Madras High Court in R.Pradeep Raj v. Commissioner, the Directorate of Technical Education reported in 2019 SCC OnLine Mad.9385, and this Court in Kaluri Shiva Sai Teja vs. The State of Telangana in W.P.No.2930 of 2022, dated 24.06.2022 and D.Vaishnavi vs. State of Telangana, represented by its Principal Secretary Health Medical and Family Welfare, Hyderabad in W.P.No.21137 of 2019, dated 24.01.2020 and also the High Court of Andhra Pradesh at Amaravati in Andrha Pradesh Private Unaided Schools Management Association 8 SN, J WP_32426_2025 v. The State of Andhra Pradesh in W.P.No.9606 of 2021, dated 27.10.2021 directed the college concerned authorities to return the certificates of the students and granted liberty to the college to claim fee by availing legal remedies in similar circumstances.
12. Based on the Division Bench Judgment of this Court dated 24.01.2020 passed in W.P.No.21137 of 2019, this Court had allowed W.P.No.34185 of 2023 vide its order dated 03.06.2024 granting identical relief as granted in W.P.No.21137 of 2019.
13. This Court opines that UGC by its guidelines (referred to and extracted above) had directed the Universities, to which the colleges like the 3rd respondent are affiliated, to initiate action when such instances are brought to their notice and in spite of the aforesaid guidelines issued by the UGC, no action is being taken, and on the other hand, students, like the petitioner, are forced to approach this Court seeking return of originals and only after orders are passed by this Court, the originals are being returned to the students, notwithstanding the fact that the colleges like the respondent No.3, have any claim towards fee, the said institutions are required to initiate proceedings for 9 SN, J WP_32426_2025 recovery of fee dues and cannot resort to withholding of certificates of the students in violation of the UGC guidelines.
14. The learned counsel appearing on behalf of the petitioner submits that the subject issue in the present writ petition is squarely covered by the order of this Court, dated 08.10.2025 passed in W.P. No.25952 of 2025 and the order dated 27.10.2025 passed in W.P. No.32404 of 2025. The learned Assistant Government Pleader for Higher Education, appearing on behalf of respondents does not dispute the said submission made by the learned counsel appearing on behalf of the petitioner. DISCUSSION AND CONCLUSION:
15. This Court opines that the respondents 3 and 4 cannot withhold the petitioner's original educational certificates submitted by the petitioner vide Receipt of Certificates 2024- 2025, serial No.149 dated 14.08.2024 under any pretext. There is no lien on the certificate of the students since the certificate of the student is his/her property. This Court opines that the right of students to obtain their Certificates from one institution to join another institution cannot be denied by the concerned authorities merely because the tuition fee is due and if any amount is due 10 SN, J WP_32426_2025 from the petitioner towards such fees, the proper course available to the respondents is to initiate appropriate proceedings against the petitioner for recovery before the competent Court and coercive tactics cannot be adopted by the respondents to make the petitioner to pay the tuition fee. This Court opines that there is no justification on the part of the respondents 3 and 4 in withholding the Transfer Certificates of the petitioner for non-payment of tuition fee.
16. A bare perusal of the record indicates the specific instructions vide Lr.No.0508/TGCHE/Refund of Originals/2024 dated 05.08.2024 issued by the Secretary, Telangana Council of Higher Education, Hyderabad addressed to all the Registrars of Universities (referred to and extracted above) indicates that specific instructions had been issued by the Government instructing all the affiliated Private Colleges within its jurisdiction not to insist on payment of tuition fee by the students who are eligible for the fee reimbursement from the State Government. Further as per the guidelines of UGC, colleges cannot withhold or refuse to return any document such as of certificates of degree, diploma or any other award or other document deposited with it by students for the purpose of seeking admission in such institution. Therefore duly taking into consideration the view of 11 SN, J WP_32426_2025 the various High Courts on the subject issue in various Judgments, referred to and extracted above, this Court opines that petitioner is entitled for grant of relief as prayed for in the present writ petition.
17. Taking into consideration:
(a) The aforesaid facts and circumstances of the case,
(b) The submissions of the learned counsel appearing on behalf of the petitioner, and the learned Assistant Government Pleader for Higher Education appearing on behalf of the respondents,
(c) The specific instructions vide Lr.No.0508/TGCHE/Refund of Originals/2024 dated 05.08.2024 issued by the Secretary, Telangana Council of Higher Education, Hyderabad addressed to all the Registrars of Universities (referred to and extracted above),
(d) The observations made in various Judgments (referred to and extracted above),
(e) The UGC Guidelines dated 23.04.2007, in particular, paragraph No.2 (referred to and extracted above), 12 SN, J WP_32426_2025 The writ petition is disposed of directing the respondent Nos.3 and 4 to return the original educational certificates of the petitioner, which are in the custody of the respondent Nos.3 and 4, duly taking into consideration the observations made in various Judgments (referred to and extracted above), and the specific instructions vide Lr.No.0508/TGCHE/Refund of Originals/2024 dated 05.08.2024 issued by the Secretary, Telangana Council of Higher Education, Hyderabad addressed to all the Registrars of Universities (referred to and extracted above), and also the UGC Guidelines (referred to and extracted above), within a period of one (01) week from the date of receipt of a copy of the order.
However, there shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
___________________________ MRS. JUSTICE SUREPALLI NANDA Date: 20.11.2025 Skj